Section 426 BNSS: Procedure for hearing appeals not dismissed summarily

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 426 BNSS at a Glance

Section 426 BNSS deals with procedure for hearing appeals not dismissed summarily. It replaced Section 385 CrPC on 1 July 2024.

Was CrPC

Section 385 →

Section 426 BNSS Bare Act Text

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his advocate;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Source: Section 426, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 426 BNSS in Simple Words

Section 426 BNSS deals with the hearing of an appeal that the Appellate Court does not dismiss summarily. The Appellate Court shall cause notice of the time and place at which such appeal will be heard to be given to the persons named in Section 426(1) BNSS. It shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.

When Section 426 BNSS Applies

  • Notice of the time and place at which the appeal will be heard shall be given to the appellant or his advocate and to such officer as the State Government may appoint in this behalf.
  • If the appeal is from a judgment of conviction in a case instituted upon complaint, notice shall also be given to the complainant.
  • If the appeal is under Section 418 BNSS or Section 419 BNSS, notice shall also be given to the accused, and the officer, complainant and accused shall also be furnished with a copy of the grounds of appeal.
  • The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.
  • If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
  • Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Example of Section 426 BNSS

Ravi appeals from a judgment of conviction in a case instituted upon complaint by Kavita, and the Appellate Court does not dismiss the appeal summarily. Under Section 426 BNSS the Appellate Court shall cause notice of the time and place at which the appeal will be heard to be given to Ravi or the advocate of Ravi, to such officer as the State Government may appoint in this behalf, and to Kavita as the complainant. The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.

When Section 426 BNSS Does Not Apply

  • Section 426 BNSS speaks of the hearing of an appeal. It does not deal with the powers of the Appellate Court in disposing of an appeal, which Section 427 BNSS covers.
  • Section 426(3) BNSS speaks of the grounds an appellant may urge against a conviction. It does not deal with the examination of the petition of appeal for summary dismissal, which Section 425 BNSS covers.

Section 426 BNSS in the CrPC (Previous Law)

Section 426 BNSS replaced Section 385 CrPC from 1 July 2024.

Section 385 CrPC became Section 426 BNSS from 1 July 2024. The heading is the same. The text is the same except for advocate in place of pleader and the renumbered cross-reference to Section 418 BNSS and Section 419 BNSS.

Each sub-section below names its own source.

FAQs on Section 426 BNSS

Who shall be given notice of the hearing under Section 426 BNSS?▼

The Appellate Court shall cause notice of the time and place at which the appeal will be heard to be given to the appellant or his advocate, to such officer as the State Government may appoint in this behalf, to the complainant if the appeal is from a judgment of conviction in a case instituted upon complaint, and to the accused if the appeal is under Section 418 BNSS or Section 419 BNSS.

What does Section 426 BNSS say about the record of the case?▼

The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties. If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

What does Section 426 BNSS say where the only ground for appeal is the severity of the sentence?▼

Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

What changed from Section 385 CrPC to Section 426 BNSS from 1 July 2024?▼

The heading is the same. The text is the same except for one cross-reference and one word. Section 426(1) BNSS refers to Section 418 BNSS or Section 419 BNSS where Section 385(1) CrPC referred to Section 377 CrPC or Section 378 CrPC, and reads advocate where Section 385(1) CrPC read pleader.

Section 426 BNSS: Sub-sections Explained

Section 426(1) BNSS: Procedure for hearing appeals not dismissed summarily

▶

Bare Act Text

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his advocate;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

Previous Law

CrPC 385 → Section 426(1) BNSS

Section 426(2) BNSS: Procedure for hearing appeals not dismissed summarily

▶

Bare Act Text

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

Previous Law

CrPC 385(2) → Section 426(2) BNSS

Section 426(3) BNSS: Procedure for hearing appeals not dismissed summarily

▶

Bare Act Text

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Previous Law

CrPC 385(3) → Section 426(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·